Bit.plus Bitcoin ATM Trading Terms

These Business Terms and Conditions (hereinafter referred to as the "Business Terms and Conditions") of a business company of wBTCb.cz, sro, with registered office at Švédská 1036/19, Smíchov, 150 00 Praha 5, Identification Number: 02918030, bqzhct3 Data ID, registered under the Commercial Register C 225134 of the Municipal Court in Prague (hereinafter referred to as the "Operator") regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code"), mutual rights and the obligations of the parties arising out of or in connection with the purchase and sale of virtual currencies through the Bitcoinmat application operated by the Operator (hereinafter referred to as the "Agreement") concluded between the Operator and another physical person (the "Client") through Bitcoinmat.

Business terms do not apply to cases where a person intending to buy from a seller or sell a virtual currency to the seller is a legal person or person acting on such transactions in the course of their business or as part of their independent pursuit of a profession.

The provision derogating from the terms and conditions may be negotiated in a separate agreement. Deviating arrangements in such a contract take precedence over the provisions of the terms and conditions.

Business terms and conditions are an integral part of the contract.

The Operator may change or add the wording of the business terms. This provision is without prejudice to rights and obligations arising during the period of validity of the previous terms of business terms.

1. Operator

• The operator is not a VAT payer. An operator is a person providing services related to a virtual currency, which, for the purposes of Act No. 253/2008 Coll. on certain measures against the legalization of proceeds from crime and terrorist financing means an electronically preserved unit, regardless of whether it has or does not have an issuer and which is not a monetary means under the Payment System Act but is also accepted as a payment for goods or services by another person which is different from its issuer and is therefore a liable entity within the meaning of Section 2 (1) l) Act. No. 253/2008 Coll. and its activity falls under the supervision of the Financial Analytical Unit.
• A wallet or virtual wallet means an address management tool used to store a virtual currency (hereinafter referred to as "Wallet" or "Virtual Wallet"). These addresses can be freely published, serving as an alternative to an account number for a fiat currency. From these addresses, virtual currency can be sent or received on these addresses. Each bit-bit address is a private key. This private key serves as an analogue of a PIN or passphrase for a fiat currency account.
• Bitcoinmat is a machine for buying and selling a virtual currency for a fiat currency ("Bitcoinmat"), Bitcoinmat can also be accessed by BitcoinBanking, which is operated by IP wBTCb solutions, sro, with its registered office at Švédská 19, Prague 5, 150 00, Identification Number: 03058417, Data Box ID: dkvixk7, registered with the Commercial Register under file number C 29815, kept at the Regional Court in Pilsen, and the activity of this application is regulated by special business conditions. https://www.wbtcb.com/en/bitcoin-banking

2. Notice

• Virtual currencies are not legal currencies in the Czech Republic, which means that virtual currencies or services tied to them are not regulated in the Czech Republic by the legal regulations governing payment services, in particular Act No. 284/2009 Coll., On Payment Systems, as amended, and Act No. 277/2013 Coll., on exchange activities, as amended, and do not fall under the control and supervision of the Czech National Bank. Virtual currencies are highly volatile, so virtual currency stores contain a high level of risk. Virtual currencies against regular currencies may experience sharp fluctuations even over a single day. Due to these fluctuations, the client may experience a sharp profit or a sharp loss of his portfolio of virtual currencies at any time as a result of the client's purchase or sale of the virtual currency.
• The value and the ability to use virtual currencies in the real world is based on technology development and confidence in this technology. There is no central bank or other authority that would regulate or correct developments so as to protect the value of virtual currencies in the critical situation of a decline in their values.
• Virtual currencies have autonomous and widely unregulated world systems of a special network of companies and individuals. Those who buy or sell virtual currency express their confidence in a digital, decentralized and partially anonymous system that relies on P2P networking and cryptography in its operation. Trust in the virtual currency may end in the wake of, for example, unexpected software development, government measures, the development of virtual currencies with better features etc. Confidence may also be lost as a result of the loss or theft of virtual currencies, or if governments or hackers are able to break the course of transactions. Other Business Risks may also occur.
• The client undertakes to carefully consider whether his financial situation and ability to assess the risk corresponds to the nature of the purchase of the virtual currency and to realize the purchase of that currency after this careful consideration. At the same time, the Client takes full account of the above risks and the fact that the Operator can not influence these risks anyway and is therefore not responsible for them.
• Virtual currencies are highly volatile. When purchasing or selling virtual currencies through EasyCoin, a contract is concluded between the Operator and the Client under the terms and conditions set forth in these Terms and Conditions. The condition for using EasyCoin is to understand the mechanism of purchasing and understanding the principle of virtual currency functioning as such. If the Client is unsure of his or her knowledge of the matter, he may contact the Operator's Client Center or supplement the information from publicly available sources.
• The Operator informs the Client that the purchase or sale of the virtual currency is limited to a maximum of EUR 1000 or its equivalent in CZK. Repeating this transaction is considered a related transaction and is a serious violation of these Terms and Conditions. Unrelated transactions are those transactions that run for at least 72 hours and are not carried out within one calendar week.

3. Restriction of services

• The Client acknowledges that the Operator is entitled without any prior notice to introduce volume restrictions (per trade or sum of trades) or a limitation on the number of transactions made per client, per client group, or on a specific currency purse. This is done by wBTCb.cz, s.r.o. in accordance with the provisions on the prohibition to conduct business pursuant to Section 15 (1) b) of Act No. 253/2008 Coll. as amended.
• The Client further undertakes to make transactions exclusively using his or her own money or a virtual currency belonging only to him / her, not to a foreign person (physical or legal).
• Furthermore, the Client agrees that the IP services of wBTCb solutions, s.r.o. does not use:
  1. the transfer of assets from or to countries considered to be a threat to the legalization of proceeds from crime or the financing of terrorism at risk or high risk; the list of these countries is published and updated by FATF-GAFI via the website and beyond
  2. the transfer of assets (albeit only partially) to a person or to a person originating in the abovementioned risk or high risk country; origin is understood to mean:
  3. in the case of a natural person, each State of which that person is a national and, at the same time, all other States in which he or she is registered for a permanent or other stay
  4. in the case of a legal person, the State in which it has its registered office and at the same time all the States in which it has a branch, an organizational unit or an establishment.
• The Client undertakes to pay the damages or costs incurred by the Operator or the fines imposed in administrative proceedings conducted by the supervisory authorities if the damages, costs or penalties are incurred as a result of any violation of any of the provisions of these Terms and Conditions by the Client by circumventing them, using multiple wallets with a virtual currency.

4. Binding statement of client and client's obligations

• Client declares that funds or virtual currencies sent by him do not come from proceeds of crime and the purpose of buying and selling virtual currencies is not to legalize proceeds from crime or to carry out transactions aimed at the support or financing of terrorism within the meaning of the relevant provisions of Act No. 253/2008 Coll. . on certain measures against the legalization of proceeds from crime and the financing of terrorism, as amended. In this regard, the Client acknowledges that the Operator proceeds in accordance with Act No. 253/2008 Coll., On Certain Measures Against the Legalization of Proceeds from Crime and on Financing of Terrorism, as amended.
• By agreeing these Terms and Conditions, the Client declares that, for the use of the Easycoin service, he decides, for one or all of the following reasons:
  • valuing your property and speculation,
  • buying a virtual currency from others and then converting into fiat currencies,
  • buying a virtual currency and then paying for the purchase of goods or services in a virtual currency,
  • transfer the fiat currency to the virtual currency.
  The Client undertakes that if none of the above reasons matches his interest in using the Easycoin service, he will immediately notify the Operator of the specific reason for using the service.
• The Client acknowledges that the Operator is subject to the provisions of Act 253/2008 Coll. as amended, is required to review funds of funds or other assets that relate to Easycoin transactions.
  Based on the above commitments, the Client declares that the source of funds or property is one or more of the following sources:
  • income from business or gainful activity,
  • a loan,
  • But,
  • win,
  • heritage,
  • income from the sale of other assets.
  The Client undertakes that if none of the above sources of funds or property corresponds to reality, it shall immediately notify the Operator of a specific source of funds or property. The Operator is entitled to require the Client to supplement the information and documents obtained.
• Purchase a virtual currency
  The agreement for the purchase and sale of the virtual currency between the Client and the Operator shall be concluded at the time of the Client's instruction in Bitcoinmat. Order means Order is the filling in of the data in the web interface or application that is necessary to clearly specify the Client's wishes. The Client shall provide the Operator with a prepared order form for transaction data so that it can be settled (hereinafter referred to as "Order"). The order will be made by entering the Virtual Wallet address into Bitcoinmat and placing the appropriate cash in the fiat currency into Bitcoinmat. The instruction is meant to confirm the transaction at the amount of the displayed amount in the virtual currency on the Bitcoinmat screen by clicking on the Bitcoinmat touch screen to activate the exchange.
  Contract The Operator executes by sending the virtual currency to the address of the Wallet, which is placed on the Order.
• Selling a virtual currency
  The agreement for the purchase and sale of the virtual currency between the Client and the Operator shall be concluded when the Client enters into an instruction to sell the virtual currency in Bitcoinmat held by the Client via the Bitcoinmat touch screen. Order means the filling in of the data in the web interface or application that is required to uniquely specify the Client's wishes. The Client shall provide the Operator with a prepared order form for transaction data so that the virtual currency can be sold (hereinafter referred to as "Order"). Sales instruction means sending a virtual currency in accordance with the instructions given in the Order of the Bitcoinmat Operator's Wallet, which is stated on the Order. Contract The Operator will pay by paying the financial amount in the fiat currency indicated in the Order for the sale of the virtual currency in cash to the Client, and this cash will be issued by Bitcoinmat by automatic feeder.

5. Withdrawal from the contract

• The Operator reminds the Client – the consumer that after the above payment it is impossible to withdraw from the concluded contract without giving any legal reasons, because the purchase of the virtual currency fulfills the conditions of § 1837 of the Act. 89/2012, (a), (b), (d), (l), see the wording of this provision below.
  Section 1837 of Law 89/2012 Coll., Civil Code.
  The consumer can not withdraw from the contract
  1. the provision of services if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and before the conclusion of the contract, the trader has communicated to the consumer that in that case he has no right of withdrawal,
  2. the supply of goods or services the price of which depends on financial market disparities, irrespective of the willingness of the trader and which may occur during the withdrawal period,
  3. the supply of goods which has been adjusted, as the consumer wishes or for himself,
  4. l) the supply of digital content if it has not been delivered on a physical medium and has been supplied with the consumer's prior express consent prior to the expiry of the withdrawal period and the trader has informed the consumer before signing the contract that he has no right to withdraw from the contract in such a case.

6. Provider's reservation

• The Operator notifies the Client that he / she is likely to be unable to meet his / her commitment to the Client in the event of insufficient liquidity or market movement, interruption of supply, internet connection by the supplier, interruption of virtual currency exchange operations, force majeure events or technical problems. In such cases, the Client is entitled to claim the transaction as described below, however, the Operator is not obliged to compensate for any damage caused to the Client in a causal connection with a defrauded transaction (transaction, exchange).
• In the event that any provision of these Terms and Conditions is or will become, or becomes invalid, ineffective or unenforceable, the invalidity, ineffectiveness or non-performance of such provision will not and will not affect the validity, effectiveness and enforceability of other provisions of these Terms and Conditions, unless the law otherwise

7. Rights of defective performance

• In the event that any unusual circumstances, in particular the alienation or misuse of access to the Client Account, personal documents, electronic communications equipment, or any other events that affect or could affect the security or accuracy of the transactions performed, the Client is aware of any non-standard circumstances, the Client is obliged to inform the Operator without delay of such facts.
• The rights and obligations of the parties regarding defective performance are governed by the relevant generally binding legal regulations (in particular the Civil Code and the Consumer Protection Act No. 634/1992 Coll., As amended).
• The Operator is liable to the Client for the Client being credited with the amount of the virtual currency to his / her address of the purse indicated in the Bitcoinmat Order for the sale of the fiat currency corresponding to the rate announced by the Operator at the date of the transaction order. The client has paid the amount of the fiat currency cash in Bitcoinmat at the amount stated in the Order for the sale of the virtual currency corresponding to the rate announced by the Operator at the date of the transaction order. Client's claim must be made in writing and must be delivered to the Operator no later than 15 working days after the execution of the transaction if the 15-day period is deemed to have been maintained if the Client sends a written complaint on the 15th day of the period. The Operator is obliged to resolve the Client's complaint within 30 days of the delivery of the complaint.
• The Client acknowledges that, in view of the characteristics of the digital, decentralized and partially anonymous system of virtual currency operations, in particular P2P networks, see Article 2.3 of these Terms and Conditions, for the purpose of claiming transactions, they are undoubtedly taken from the virtual currency transfer databases accessible resources and their data are binding for the purpose of settling complaints.
• The Operator is not responsible for misuse of the Client Account or access passwords to it. The Operator is not responsible for damages or other damages caused by loss or misuse of the password for communication with BitcoinBanking or Bitcoinmat.

8. Privacy Policy

• Information Obligation to the Client within the meaning of Article 13 of Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation ) (hereinafter referred to as the "GDPR Regulation") related to the processing of Client's personal data for the purposes of performance of the Contract, for the purpose of negotiations on the Contract and for the fulfillment of the public obligations of the Operator, is fulfilled by the Operator through a special document.

9. Other rights and obligations of the parties

• The Operator is not bound by any codes of conduct in relation to the Client in the sense of Section 1826 (1) e) of the Civil Code.
• Consumer complaints are handled by the Operator through an electronic address. Information on the settlement of the Customer's complaint will be sent to the Client's electronic address by the Operator.
• The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes.
• European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution online).
• The operator is authorized to purchase and sell virtual currencies on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant trade licensing office. Supervision of the personal data protection area is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises to a limited extent, inter alia, the supervision of observance of the Consumer Protection Act No. 634/1992 Coll., As amended.
• The Client hereby takes on the risk of changing the circumstances in accordance with Section 1765 (2) of the Civil Code.

10. Final provisions

• If the relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the right under the previous sentence, the Client who is a consumer is not deprived of the protection afforded to him by provisions of the legal order from which he can not be contracted and which, in the absence of choice of law, would otherwise be used under Article 6 (1) (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
• If any provision of the Terms of Business is invalid or ineffective, or if it happens, instead of invalid clauses, a provision will be enforced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
• Contact information Operator: delivery address is Národní 41, 110 00 Praha 1, e-mail address is [email protected], the phone is +420 270 007 477. The operator and the client can be delivered to the e-mail address.

These Business Terms and Conditions are valid and effective from February 1, 2019, available in the Client Center or here.